was unquestioned. His powerful argument in the case of the Genesee Chief, 12 Howard 443, admits of no disparagement.1 1 See also Waring v. Clark, 5 Howard 441 : The Mag nolia, 20 ill. 296; New Jersey Steam Navigation Com pany p. Merchants' Bank, 6 ib. 344; Marshall p Balti more and Ohio R. R. Co., 16 ib. 314; White v. Nicholls,
3 it. 266; The License Cases, 5 ib. 514: B. and S. R. R. Co. v. Nesbit, 10 it. 395; Fox -'. State of Ohio, 5 ib. 410; Withers -<. Buckley, 20 ib. 84, and West River Bridge Company p. Dix, 6 ib. 507. Correction: — In the February number, on page 80, the first paragraph of the note purporting to give Mr. Justice Story's leading opinions refers to Mr. Justice Washington's opinions, and should have been printed on page 75.
A TWENTIETH CENTURY TRIAL FOR HIGH TREASON. BY Lucius F. CRANE, Of the Middle Temple, Harrister-at-Lau'.
A TRIAL for high treason is a circum stance of such unusual occurrence in England that that of Colonel Arthur Lynch, which has lately been concluded, caused no small degree of excitement. The fact, too, that Lynch was indicted mainly under a stat ute as old as 1351 [25 Edward III. St. 5. c 2,] and that the trial took place " at bar" lent additional interest to the case. It will be remembered by students of the ancient-day law that under 25 Edward III. seven distinct offences were mentioned, each of which constituted the crime of high trea son, but only the following offence is of im portance in the present case, viz.: "or- if a man do levy war against our Lord, the King, in his realm, or be adherent to the King's enemies in his realm, giving to them aid or comfort in his realm, or elsewhere, and there of be proveably attainted of open deed by t!i<people of their condition." By 35 Hen. VIII. c 2, the law of England is made to extend to High Treason committed out of the realm of England by any subject of His Majesty. Arthur Lynch, the defendant in the latest action under the statute, is an English subject, born apparently in Australia. He is a man of about forty years of age, who has been chiefly occupied in journalism and literarv work, much of which has been done in
Paris. The most curious point of all, how ever, is that he is the member of Parliament elect for Galway in Ireland. In January, 1900, three months after the beginning of the Transvaal War, he pro ceeded to the Transvaal, and there he became colonel of the 2nd Irish Brigade—a motley collection of foreigners, which numbered amongst its members a good many Irishmen. This brigade, with Lynch at its head, took part in numerous operations against the English. Before joining this brigade, how ever, the defendant made a declaration of his willingness to take up arms on behalf of the Transvaal, and took an oath of allegiance to
- hc South African Republic as a condition
precedent to acquiring the franchise. Whether letters of naturalization followed or not is not clear. On March 2ist, Lynch signed an address, headed "To Irishmen," which was stuck up outside the camp and published in the Standard and Diggers' News on March 22d. It called upon Irishmen to join his brigade for the sake of liberty, etc., etc.," and was signed: Arthur Lynch (Colonel Irish Brigade II.) By Krugersdorp Laager, near Glencoe. Such, in short, is the first of his offences. In reality, they were embodied in an indict ment consisting of four counts which took
